non-residential districts

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NON-RESIDENTIAL DISTRICTS 500 Non-Residential Districts 21-501 Intent 1 21-502 Zoning Districts 1 Office Commercial (O-1) Convenience Commercial (C-1) Planned Neighborhood Commercial (PC-1) Planned Community Commercial (PC-2) Intermediate Commercial (C-2) Central Commercial (C-3) General Commercial (C-4) Regional Commercial (C-5) Business Park Industrial (BPI) Planned Light Industrial (PI-1) Light Industrial (I-1) Heavy Industrial (I-2) 21-503 Land Use Matrix 4 21-504 General Regulations for O-1, C-1, PC-1, PC-2, C-2, and C-3 10 21-505 Limitations on Uses 10 21-506 Property Development Standards 23

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NON-RESIDENTIAL DISTRICTS 500

Non-Residential Districts

21-501 Intent 1 21-502 Zoning Districts 1 Office Commercial (O-1) Convenience Commercial (C-1) Planned Neighborhood Commercial (PC-1) Planned Community Commercial (PC-2) Intermediate Commercial (C-2) Central Commercial (C-3) General Commercial (C-4) Regional Commercial (C-5) Business Park Industrial (BPI) Planned Light Industrial (PI-1) Light Industrial (I-1) Heavy Industrial (I-2) 21-503 Land Use Matrix 4 21-504 General Regulations for O-1, C-1, PC-1, PC-2, C-2, and C-3 10 21-505 Limitations on Uses 10 21-506 Property Development Standards 23

500 NON-RESIDENTIAL DISTRICTS

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NON-RESIDENTIAL DISTRICTS 500

Section 500 Pg 1

Non-Residential Districts

21-501 Intent 1 21-502 Zoning Districts 1 Office Commercial (O-1) Convenience Commercial (C-1) Planned Neighborhood Commercial (PC-1) Planned Community Commercial (PC-2) Intermediate Commercial (C-2) Central Commercial (C-3) General Commercial (C-4) Regional Commercial (C-5) Business Park Industrial (BPI) Planned Light Industrial (PI-1) Light Industrial (I-1) Heavy Industrial (I-2) 21-503 Land Use Matrix 4 21-504 General Regulations for O-1, C-1, PC-1, PC-2, C-2, and C-3 10 21-505 Limitations on Uses 10 21-506 Property Development Standards 23

21-501 Intent The non-residential districts are intended to collectively facilitate the development and operation of all types of employment-generating uses, including, but not limited to, retail and service establishments, neighborhood convenience stores, business parks and professional offices, research and development centers, storage warehouses and other light-industrial uses in a manner consistent with the Peoria General Plan.

21-502 Zoning Districts

A. Office Commercial District (O-1) The O-1 District is intended to provide an environment conducive to the establishment of professional offices, medical and legal services, and ancillary retail uses. Certain other types of uses are permitted under conditions and standards that ensure their compatibility with surrounding uses as well as nearby residential districts. The O-1 Districts provide for land use transition between more intensive commercial developments and the less intensive residential neighborhoods.

B. Convenience Commercial District (C-1) The C-1 District is intended to accommodate neighborhood-scale retail and service establishments that provide the incidental daily necessities for the local residential areas. This district constitutes the secondary level of neighborhood commercial development. In order to prevent the undesirable "strip" commercial development, it is intended that each development be contiguous

500 NON-RESIDENTIAL DISTRICTS

Pg 2 Section 500

and limited in scale. The C-1 Districts should generally be restricted to the intersection of major arterial streets while providing one-mile separation from other non-adjacent commercial districts. The regulations and development standards are designed to preserve adjacent residential amenities and to prohibit encroachment by more intensive commercial uses.

C. Planned Neighborhood Commercial District (PC-1) The PC-1 District is intended to accommodate small-scale retail and service establishments that provide the incidental daily necessities for the local residential areas. This district allows for planned neighborhood shopping centers typically having a principal tenant (i.e. supermarket) and an accompanying trade area generally limited to adjacent neighborhoods. It is further intended that PC-1 Districts be restricted to the intersection of selected arterial streets while generally providing one-mile separation from other non-adjacent commercial districts. The regulations and development standards are designed to preserve adjacent residential amenities and to prohibit encroachment by more intensive commercial uses.

D. Planned Community Commercial District (PC-2) The PC-2 District is intended to accommodate large-scale planned commercial complexes providing comparison shopping goods and services to a community wide and regional trade area. It is further intended that such commercial centers shall be planned, developed and managed as integrated complexes under unified or condominium ownership.

E. Intermediate Commercial District (C-2) The C-2 District is intended to provide a shopping center for the sale of convenience goods and personal services. In order to prevent the establishment of undesirable "strip" commercial development, it is intended that each development be contiguous and limited in scale. The C-2 districts should generally be restricted to the intersection of major arterial streets while providing one-mile separation from other non-adjacent commercial districts. The regulations and development standards are designed to preserve adjacent residential amenities and to prohibit encroachment by more intensive commercial uses.

F. Central Commercial District (C-3) The C-3 District is intended to accommodate retail and service establishments in the original plat of Peoria, what is now called the ‘Old Town’ area. While the C-3 District is intended for buildings to be grouped together in compact arrangements in order to provide maximum shopping convenience and efficient use of off-street parking, the development standards contained herein recognize the existing characteristics of individually owned, small-lot business establishments. The regulations and development standards are designed to preserve adjacent residential amenities and to prohibit encroachment by more intensive commercial uses.

G. General Commercial District (C-4) The C-4 District is intended to facilitate a wide range of retail, office, service establishments, and other uses not suitable to be located adjacent to residential zones but necessary to accommodate the larger community. This district is particularly suitable along Grand Avenue and Bell Road *2 where uses are primarily related to auto-borne clientele and by nature, create a high degree of turning movement.

H. Regional Commercial District (C-5) The C-5 District is intended to accommodate large-scale commercial establishments or developments that provide goods and services to a community-wide and regional trade area. These districts are typically located along major arterials (typically 110’ of right-of-way) or other regional transportation corridors.

NON-RESIDENTIAL DISTRICTS 500

Section 500 Pg 3

I. Business Park Industrial District (BPI) The BPI District is intended to accommodate the development of office parks, support retail services, warehousing and certain light industrial uses in a comprehensively planned and attractive setting. The regulations and development standards contained within this district include generous screening, landscape buffering and performance standards to ensure compatibility with neighboring districts, particularly when located near residential districts.

J. Planned Light Industrial District (PI-1) The PI-1 District is intended to accommodate certain industrial structures and uses having physical and operational characteristics that might have potential adverse impacts on adjacent properties. The regulations and development standards are designed to permit those industrial uses which can be operated in a relatively clean, quiet and safe manner, and are compatible with adjoining industrial uses without causing adverse impacts, danger or hazard to nearby non-industrial uses.

K. Light Industrial District (I-1) The I-1 District is intended to accommodate certain light industrial developments such as manufacturing uses which can be operated in a relatively clean, quiet and safe manner without causing adverse psychological influence or nuisance effects on surrounding property or similar reasons. The regulations and development standards are designed to accommodate, control and limit such special uses for their own protection as well as for protection of the character of surrounding districts.

L. Heavy Industrial District (I-2) The I-2 District is intended to accommodate certain industrial structures and uses, including large-scale or very specialized industrial operations, having potential adverse environmental impacts on adjoining residential and commercial developments, and, to some extent, the nearby light industrial districts. The regulations and development standards are structured to permit uses involve processing of raw materials and the manufacturing, processing and compounding of semi-finished or finished products.

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Pg 4 Section 500

21-503 Land Use Matrix The following Land Use Matrix (Table 21-503) indicates uses which are permitted outright, conditionally permitted, or prohibited in specific non-residential zoning districts in the City of Peoria. The Land Use Matrix is intended to serve as a guide for the convenience of the user of this Zoning Ordinance. Where the text of this Zoning Ordinance differs from the Land Use Matrix, the text shall prevail. In the event of a specific use not being identified on the matrix, the Community Development Director or designee(s) shall determine the closest associated use based on the provisions of this ordinance. The City will permit any accessory use customarily incidental to a permitted principal use in the same zoning district.

Table 21-503 Land Use Matrix

LAND USE O-1 C-1 PC-1 PC-2 C-2 C-3 C-4 C-5 BPI PI-1 I-1 I-2 ADMINISTRATIVE & FINANCIAL

Automatic Teller Machine (ATM) P P P P P P P P P P P P Banks and Financial Institution P P P P P P P P P - - - Bonding Companies & Non-Chartered Financial - - - - C C C C - C C - Professional, Administrative or Business Offices P P P P P P P P P P P P

AUTOMOBILE RELATED Auto Auction - - - - - - C - - P P P Auto Dismantling, Scrap Dealers, Recycling Centers - - - - - - - - - - - C

Auto Parking Lot or Garage as Principal Use P - P P P P P P P P - - Auto Parts and Accessory Store - - P P P P P P - - - - Auto Sound System Installation, Auto Glass Tinting and Repair and similar uses # - - - - C C P P P P P P

Autobody Repair and Painting Facilities # - - - - - - P - - P P P Automobile Dealerships, Boat, RV, or Motorcycle Sales, including Outdoor Sales and Rental *17 - - - - - - P♦ P♦ - - P♦ P♦

Automobile Diagnostic and/or Service Establishment , include engine and transmission overhaul, repair facilities and similar services # *17

- - - - C C P♦ P♦ - P♦ P♦ P♦

Automobile Rental Facility, limit to six (6) vehicles # - - C C C C P P - - - -

Automobile Towing and Impound Facilities *17 - - - - - - C - - P♦ P♦ P♦ Boat & RV Repair - - - - - - C C - C C P Car Wash, Automated; Self Service - - - - C C C C - - P P Emissions Testing Facility - - - - - - P - P P P P Gas Service Station # - - C C C C C C - - - - Parking Space with Electric Vehicle Charging Equipment *22 A A A A A A A A A A A A

Tire Sales, Repair and Mounting # - - - - C C C C - - - - Truck Stop, including Wash *17 - - - - - - - P♦ - - - P♦

P = Permitted Use C = Permitted Conditional Use. Conditional Use Permit required. See Section 21-322. A = Accessory use ♦ = Any uses located within 200 feet of a residential district shall be subject to a Conditional Use Permit *17

# = Subject to special limitations (see the following Section 21-505) - = Not Permitted

NON-RESIDENTIAL DISTRICTS 500

Section 500 Pg 5

LAND USE O-1 C-1 PC-1 PC-2 C-2 C-3 C-4 C-5 BPI PI-1 I-1 I-2 EATING & DRINKING ESTABLISHMENTS

Catering Establishment *11 P P P P P P P P P P P P Mobile Food Vendor Cart # A A A A A A A A A A A A Outdoor Dining and Seating Areas # *18 *29 C C C C C C C C C C C C Restaurants, Drive Through or Drive-Up # *22 - P♦ P♦ P♦ P♦ - P♦ P♦ - - - - Restaurants *18 P P P P P P P P A A A A Tavern, Bar, Lounge # *22 - - C C C C C C - - - -

ENTERTAINMENT AND RECREATION Adult Uses # - - - C C - C C - C C C Convention, Exhibition Centers and similar uses *17 - - - - C C C C C - - -

Dance, Theatrical, Art, Music Studio and similar uses *17 - - P P P P P P P P P P

Golf Courses - - - - C - P P - - - - Health and Exercise Center # *11 P P P P P P P P P P P P Indoor Recreation/Entertainment include Bowling Alleys, Game Rooms, Video Arcades, Ice & Roller Skating Rinks, Shooting Ranges, Pool & Dance Halls, Bingo Halls, and similar uses. Excludes Adult Uses; Taverns Bars, and Lounges

- - P P P P P P - - - -

Recreation and Social Clubs # - - P P P P P P P - - - Resorts - - - - P P P P - - - - Outdoor Recreation including Tennis, Racquet Clubs, Miniature Golf and similar uses *11 - - - - C - P P - - - -

Theater, indoor - - P P P P P P - - - - Wedding and Reception Center # *8 C C - C C C C C - - - - Recreation and Social Clubs # - - P P P P P P P - - -

GENERAL INDUSTRIAL & MANUFACTURING Bulk Fuel Sales and Storage *17 - - - - - - - - - - - P♦ Call Center - - - - - - C P P P P P Cement and Asphaltic Concrete Batch Plants - - - - - - - - - - - C Commercial Laundry and Dying Plant - - - - - - - - - P P P Commercial Livestock Feeding, Hog Ranches, Poultry Hatcheries, Dairy Farms, Cattle Sales and Livestock Auctions

- - - - - - - - - - - C

Commercial Slaughtering, Lard & Tallow Rendering, Meat Packing, Poultry & Game Dressing and Packing

- - - - - - - - - - - C

Contractors Storage Yard, including outdoor storage of construction equipment and materials *17

- - - - - - C - - P♦ P♦ P♦

Cotton Ginning and Baling, Wood Preserving by pressure impregnation, Rubber or Oil Reclaiming - - - - - - - - - - - C

P = Permitted Use C = Permitted Conditional Use. Conditional Use Permit required. See Section 21-322. A = Accessory use ♦ = Any uses located within 200 feet of a residential district shall be subject to a Conditional Use Permit *17

# = Subject to special limitations (see the following Section 21-505) - = Not Permitted

500 NON-RESIDENTIAL DISTRICTS

Pg 6 Section 500

LAND USE O-1 C-1 PC-1 PC-2 C-2 C-3 C-4 C-5 BPI PI-1 I-1 I-2 GENERAL INDUSTRIAL & MANUFACTURING - CONTINUED

Data Center *8 - - - - - - - - P P P P Drilling, Production, Refining of Petroleum, Gas or Hydrocarbons - - - - - - - - - - - C

Electric Power Generating Plants, Transformer Stations and Substations, Gas Pumping Plants - - - - - - - - - - - P

Environmental Remediation Facility - - - - - - - - - - C C Essential Public Service or Utility Installation P P P P P P P P P P P P Incineration or Reduction of offal, garbage or refuse when conducted entirely within an approved enclosed facility

- - - - - - - - - - - C

Machine Shops *17 - - - - - - - - P P P P Manufacturing, Fabrication and Processing of Goods - - - - - - - - P P P P Manufacturing of chemical and allied products, petroleum and coal products, leather and tanning, wool pulling/scouring, explosives, fertilizers, detergents, soaps and animal fat by-products, sugar, starches, serums, toxins and viruses, oils and fats, animal and vegetable

- - - - - - - - - - C

Manufacturing of lumber and wood products, primary metal industries, fabricating metal products, machinery, and transportation equipment excluding ore reduction and smelting, production or refining of petroleum, gas or hydrocarbons

- - - - - - - - - - - P

Medical Marijuana Manufacturing or Cultivation # *24 - - - - - - - - C C C C Mini-Storage Warehouses, RV, Boat, and Trailer Storage indoor, and/or screened only # *17 - - - C C - C C P P P P

Moving Company Storage and Transfer Facility *17 - - - - - - P♦ - - P♦ P♦ P♦ Moving Truck, Trailer and Equipment Rental # *17, *26 - - - A A - P♦ P♦ - P♦ P♦ P♦ Outdoor Storage, including Automobile, RV, Boat, and Trailer Storage. - - - - - - C C - P P P

Parcel Delivery Service *17 - - - - - - - - P P P P Printing and Publishing Facilities - - - - - - - P P P P P Processing and Compounding to reform recyclable materials into a useable state - - - - - - - - - - - C

Railroad Shops and similar heavy service facilities - - - - - - - - - - - P Recycling Collection Facility # - - - - - - - - - C C C Donation/Recycling Drop-Off Boxes # - A A A A A A A - - - - Research Laboratories # - - - - - - - - P P P P Storage, Processing, and Sale of scrap metal and junk - - - - - - - - - - - P Wholesaling, Warehousing, Distributing, Repair, Rental and Servicing of any commodity. Excludes live animals, explosives and storage of flammable liquids and gases.

- - - - - - - - P P P P

P = Permitted Use C = Permitted Conditional Use. Conditional Use Permit required. See Section 21-322. A = Accessory use ♦ = Any uses located within 200 feet of a residential district shall be subject to a Conditional Use Permit *17

# = Subject to special limitations (see the following Section 21-505) - = Not Permitted

NON-RESIDENTIAL DISTRICTS 500

Section 500 Pg 7

LAND USE O-1 C-1 PC-1 PC-2 C-2 C-3 C-4 C-5 BPI PI-1 I-1 I-2 GENERAL RETAIL

Antiques, Crafts, and Collectibles Sales - - P P P P P P - - - - Bait and Tackle Shops - - P P P P P - - - - - Book, Stationery and Greeting Card Store P P P P P P P P - - - - Candy and Ice Cream Store P P P P P P P P - - - - Carpet and Floor Covering Store - - - - P P P P - - - - Copy Center P P P P P P P P P P P P Donation Center # *11 - - - - C - C C P P P P Florist P P P P P P P P - - - - Gift, Novelty and Souvenir Shop P P P P P P P P - - - - Hobby, Stamp and Coin Shop P P P P P P P P - - - - Newsstand *17 P P P P P P P P P A A A Pawn Shop # - - - - C - C C Permissible Consumer Fireworks Sales # *23 - P P P P P P P - - - - Pet Shop # *16 - - P P P P P P - - - - Plumbing, Heating, and Air-conditioning Sales and Service - - - - - - P - - P P P Retail Decorative Rock Sales - - - - C - P - - P P P Retail Sales of New and Used Merchandise, Indoor. Excludes Sale of Automobile, Boats RVs and Motorcycles *15

- P P P P P P P A# - - -

Retail Liquor Store # - - - - C - C C - - - - Small Merchandise Vendor Carts # *15 A A A A A A A A A A A A Tobacco Retailer *22 - P - - P P P P - - - - Video Rental Store P P P P P P P P - - - - Water and Ice Store - P P P P P P P - - - -

INSTITUTIONAL Art Gallery P P P P P P P P - - - - Cultural Institutions P P P P P P P P P - - - Day Care Centers or Pre-school Centers # P P P P P P P - - - - - Group Care Facility or Community Residential Facility # *17 - - - - C - P P - - - -

Homeless Shelter and similar uses - - - - - - - - - - P P Libraries and Museums P P P P P P P P - - - - Non-profit Social services # P P P P P P P P P P P P Nursing or Convalescent Home, Long term Care Facility # P♦ P♦ - - C - P P - - - - Public Buildings # P P P P P P P P P P P P Public/Private Schools, Charter Schools, College and University Facilities excluding College and University Campuses # *22

P P P P P P P P P P P P

Public Utility Buildings, Structures, Uses, Facilities and Equipment # P P P P P P P P P P P P

Religious Institutions and similar places of worship # P P P P P P P - - - - - Substance Abuse Detoxification and Treatment Centers - - - - - - C - - P P P

P = Permitted Use C = Permitted Conditional Use. Conditional Use Permit required. See Section 21-322. A = Accessory use ♦ = Any uses located within 200 feet of a residential district shall be subject to a Conditional Use Permit *17

# = Subject to special limitations (see the following Section 21-505) - = Not Permitted

500 NON-RESIDENTIAL DISTRICTS

Pg 8 Section 500

LAND USE O-1 C-1 PC-1 PC-2 C-2 C-3 C-4 C-5 BPI PI-1 I-1 I-2 INTENSE RETAIL

Appliance, Furniture, and Household Equipment Sales and Rentals *20 - - P P P P P P P - - -

Accessory Outdoor Garden Centers *20 P♦ P♦ P♦ P♦ P♦ P♦ P♦ Commercial Service Establishments combining retail, showroom with workshop # *11 - - - C C C P P - - - -

Department Store - - P P P P P P - - - - Equipment Sales, Rental and Storage Yard - - - - - - P P P P P P Farmers Markets - - - - - - P - - P P P Hardware and Home Improvement Store *20 P P P P P P P Hardware and Home Improvement Store with outdoor storage and/or garden center *11 - - C C C C C C - - - -

Large-Scale Retail # *14 - - - - C - C C - - - - Medical Marijuana Dispensary # *24 - - - - C - C C - - - - Mobile Home Sales - - - - - - C - - P P P Monument Sales and Engraving Shop - - - - P P P P P P P P Office Supply and Machine Sales & Service - - P P P P P P P - - - Outdoor Sales and Display Area # *8 *15 P P P P P P P P - P P P Plant Nursery, Retail - - - - C - P - - P P P Plant Nursery, Wholesale - - - - - - P - - P P P Retail Sales of lumber and Building Materials # - - - - - - C - - P P P Sales and Storage of grain, feed, seed, fertilizer, farm and garden supplies *17 - - - - C C P♦ - - P♦ P♦ P♦

Swap Meet, indoor - - - - - - P - - - - - Swimming Pool and Spa Sales *21 - - - - C - P - P P P P Upholstery Shop *17 - - - - - P P - - - P P Wholesale Produce Storage or Market - - - - - - C - C P P P

LODGING Bed and Breakfast Inn # - - - - - C - - - - - - Hotel or Motel # - - - P P P P P P - - - Living quarter for night guards - - - - - - A - A A A A

MEDICAL Ambulance Service Facility - - - - C C P P - P P P Emergency Medical Care Facility # - - - - C C P P - P P P Hospitals - - - - - - - P - - - - Medical, Dental, Optician or Health, Clinics and Laboratories P P P P P P P P P P P P

Veterinary Hospital # *16 - - - - C C C C P P P P Veterinary Offices and Clinics, excluding animal boarding # *16 - - - - C C C C P P P P

P = Permitted Use C = Permitted Conditional Use. Conditional Use Permit required. See Section 21-322. A = Accessory use ♦ = Any uses located within 200 feet of a residential district shall be subject to a Conditional Use Permit *17

# = Subject to special limitations (see the following Section 21-505) - = Not Permitted

NON-RESIDENTIAL DISTRICTS 500

Section 500 Pg 9

LAND USE O-1 C-1 PC-1 PC-2 C-2 C-3 C-4 C-5 BPI PI-1 I-1 I-2 PERSONAL SERVICES

Animal Shelter - - - - - - C - - C C C Appliance Repair - - - - - - P - - P P P Auction Houses and Estate Sales - - - - - - P - - P P P Blueprint Shop - - - - - - P P P P P P Boarding and Training Kennels # *11, *27 - - - - C - C - - C C C Cabinet and Carpentry Shop - - - - - - P - - P P P Custom Dressmaking, Furrier, Millinery or Tailor Shop # - - - - - - P P P P P P

Day Labor Hiring Centers *17 - - - - - - C - - C C C Dry Cleaning and Laundry Establishment - P P P P P P P P P P P Employment Agencies, not including Day Labor Hiring Centers - - P P P P P P P P P P

Laundromat, self-service - P P P P P P P - - - - Locksmith - - P P P P P P P P P P Massage Establishment # P P P P P P P P - - - - Messenger Delivery Service P P P P P P P P P - - - Palm Readers, Phrenologists, Fortune Tellers and Astrologers - - P P P P P P - - - -

Pest Control Service - - - - - - P - - P P P Pet Grooming Shop # *16 - - P P P P P P - - - - Photographic Developing and Printing P P P P P P P P P P P P Photographic Studio - - P P P P P P - - - - Plasma Center, Tattoo & Body Piercing Studio # - - - - C - C C - C - - Radio and Television Sales and Service - - P P P P P P - - - - Recording Studio - - - P P P P P P P P P Remote Mail Service *17 P P P P P P P P - - - - Shoe Service & Clothing Alteration *11 - - P P P P P P - - - - Sightseeing Tour Companies - - P P P P P P P P P P Tanning Salon, Nail Salon, Barber Shop, Beauty Parlor and similar uses - - P P P P P P P P P P

Ticket and Travel Agency P P P P P P P P P - - - Watch and Clock Repair Shop - - - - P P P P P P P P

TRANSPORTATION Aviation uses such as Aircraft Repair, Aircraft Sales and Air Charter Services *17 - - - - - - - - - P♦ P♦ P♦

Bus Terminals *17 - - - - C C C - - P♦ P♦ P♦ Marine Fuel Facility *17 - - - - - - - - - - - P♦ Rail and Motor Freight Terminals and Facilities *17 - - - - - - P - - P P P School Bus Parking and Maintenance Facilities #

*17 C C C C C C C C C P♦ P♦ P♦

P = Permitted Use C = Permitted Conditional Use. Conditional Use Permit required. See Section 21-322. A = Accessory use ♦ = Any uses located within 200 feet of a residential district shall be subject to a Conditional Use Permit *17

# = Subject to special limitations (see the following Section 21-505) - = Not Permitted

500 NON-RESIDENTIAL DISTRICTS

Pg 10 Section 500

21-504 General Regulations for O-1 C-1, PC- 1, PC-2, C-2 and C-3 In Zoning Districts O-1, C-1, PC-1, PC-2, C-2, and C-3, the following general regulations shall apply:

A. All activities, except as otherwise permitted herein, shall be conducted entirely within enclosed buildings.

B. Outdoor storage of goods and materials shall be prohibited.

C. Warehousing or indoor storage of goods or material beyond that normally incidental to permitted uses shall be prohibited.

21-505 Limitations on Uses

A. Automobile Related

1. Automotive Diagnostic and/or Service Establishments, including those that perform automotive repairs, engine and transmission overhaul, lubrication; tire repair and/or replacement and wheel balancing and alignment; muffler repair or replacement; brake service, repair or replacement; shall be subject to the following additional requirements: *11

a. No outdoor displays or storage shall be permitted, except for merchandise normally sold from the premises that is displayed during normal business hours. No temporary parking of vehicles waiting for repair shall be permitted except in the garage or in C-4, C-5, PI-1, I-1, and I-2 zoning districts. The parking area shall be fully screened from public view.

b. All activities shall be performed entirely within an enclosed building. High-speed washing, body repair, machining of auto parts, painting, vehicle or trailer rental shall be expressly prohibited.

c. Paved areas shall be reduced to the smallest area commensurate with efficient operation and function of the site. All unpaved areas shall be maintained in landscaping. All exterior design shall be compatible with surrounding developments.

2. Autobody Repair and Painting, Tire Sales, Repair and Mounting, and Auto Sound System Installation, Auto Window Tinting, Auto Glass Repair and similar uses shall have no outdoor displays other than merchandise normally sold from the premises that is displayed during normal business hours. No outdoor storage shall be permitted.

3. Auto Sound System Installation, Auto Window Tinting, Auto Glass Repair and similar uses shall be conducted within enclosed buildings.

4. Automobile Rental Facility, excluding moving truck, trailer and equipment rental, shall be subject to all of the following additional requirements:

a. No more than six (6) vehicles shall be stored on site in association with the office location.

b. The facility shall be located within a developed commercial center or building.

c. Automobile storage shall be limited to hard surfaced areas.

d. The automobile storage area shall not occupy required parking spaces or access lanes.

5. Gas Service Stations shall be subject to all of the following additional requirements: *11, *22

a. Minimum frontage of one hundred-eighty (180) feet on one arterial street is required.

NON-RESIDENTIAL DISTRICTS 500

Section 500 Pg 11

b. No part of any canopy, fuel dispenser, or fuel storage tank shall be within 200 feet of any single-family residentially zoned lot, not including common area tracts.

c. A minimum of 500 feet of separation is required between gas service stations located on the same side of the street. Gas Service Stations separated by arterial streets are not subject to this requirement.

d. All of the following development standards shall apply:

1) All fuel pump mechanism and any accessory equipment dispensing fuel shall be covered by canopies.

2) Under canopy mounted lights shall be flush with the underside of the canopy. 3) Fuel tanks larger than 1,000 gallons must be located underground. Above ground

tanks shall be screened from street view, shall not exceed 6-feet in height, and shall be setback at least 25-feet from any public street.

B. Eating & Drinking Establishments

1. Food and Beverage Vendor Cart and Small Merchandise Vendor Cart shall be subject to the following additional requirements: *15

a. The use must be part of an existing permitted principal development.

b. The use shall not occupy any required parking stalls of the principal development.

c. The use shall not be located within any right-of-ways or interfere with traffic circulation. *18

d. The use shall not interfere with pedestrian access ways, fire lanes, driveways, or traffic visibility at driveways or street intersections.

2. Restaurants with Drive-Through: *22

a. All drive-through lanes, menu boards, speaker box, and other related elements shall be located at least 50 feet from any residentially zoned property or use. Speakers at a drive-through shall not be audible from residentially zoned property. Sound shall be mitigated through the use of sound attenuation walls, landscaping, or other measures.

b. The drive-through lane shall be separated from parking areas and driving lanes by a minimum 5-foot wide landscaping island or other alternative as approved by the Planning Manager.

c. Drive-through canopies and other appurtenances shall be architecturally compatible with the principal building.

d. Through the Conditional Use Permit (CUP) process, the conditions considered for imposition by the Planning and Zoning Commission may include, but are not limited to, a restriction on operating hours, additional screening, relocation of the drive-through, modification of the minimum drive-through stacking requirements, noise and visual mitigation, and other measures appropriate to the relevant circumstances.

3. Outdoor Dining and Seating Areas: *18, *22, *29

a. No Conditional Use Permit is required when the exterior wall or area of the patio or seating area is located at least two-hundred (200) feet from the nearest residentially-zoned lot, not including common area tracts

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b. Such areas shall be located adjacent to the restaurant or establishment to which it is an accessory use.

c. The use shall not interfere with pedestrian access, fire lanes, driveways, or traffic visibility at driveways or street intersections.

d. Through the Conditional Use Permit (CUP) process, the conditions considered for imposition by the Planning and Zoning Commission may include, but is not limited to, a restriction on operating hours, additional screening, re-location of the outdoor dining and seating area, noise and visual mitigation and other measures appropriate to the relevant circumstances.

4. Tavern, Bar, or Lounge:

a. The exterior building wall shall not be located within one-thousand (1,000) feet of the property lines of a state designated Local Alcohol Reception Center.

b. The exterior building walls of the use shall be located at least two-hundred (200) feet from a residentially zoned property.

c. Through the Conditional Use Permit (CUP) process, the conditions considered for imposition by the Planning and Zoning Commission may include, but are not limited to, a restriction on operating hours, additional screening, relocation of any outdoor patio areas, live entertainment standards, noise and visual mitigation, and other measures appropriate to the relevant circumstances.

C. Entertainment & Recreation

1. Adult Uses, which are subject to the provisions of Special Conditional Use Permits section of this Ordinance *4 shall be subject to all of the following additional requirements:

In the development and execution of this Section, the City recognizes that there are some uses which, because of their very nature, have serious objectionable operational characteristics, particularly when several of them are concentrated under certain circumstances thereby having a deleterious effect upon the adjacent areas. Special regulation of these uses is necessary to ensure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhood. The primary control or regulation is for the purpose of preventing a concentration of these uses in any one area. Adult Uses subject to these regulations and development standards are as follows:

Adult Arcade

Adult Bookstore, Adult Retail Store or Adult Video Store

Adult Cabaret

Adult Motel Adult Motion Picture Theater Adult Theater Nude Model Studio Sexual Encounter Center Any combination of classifications listed above.

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a. Any person who intends to establish any of the Adult Uses shall submit an application in the same manner as all other Conditional Uses.

b. For purposes of this Section, the maintenance of two or more Adult Uses in a single building that are not at least 51% owned by the same entity shall be treated as two separate Adult Uses for purposes of applying the locational provisions of this Section.

c. An Adult Use shall meet the locational criteria prescribed in this Section. The Board of Adjustment shall not have the jurisdiction to grant variances from these locational criteria. For the purpose of measuring separation distances required in this Section, the measurements shall be taken in a straight line from the closest exterior building walls of an Adult Use to the affected structures, property line or district boundary line, as the context indicates, without regard to intervening structures, objects, or jurisdictional boundaries.

d. The exterior building wall of Adult Use shall not be located within one thousand (1,000) feet of the exterior property lines of any one or more of the following uses:

1) Preschool, kindergarten, elementary, or secondary school. 2) Public library, service club, neighborhood or community public park, or publicly owned

and operated swimming or aquatics facility. 3) A state designated Local Alcohol Reception Center. 4) A community residential facility or release facility. 5) Tavern, bar, lounge or an establishment that sells beer or intoxicating liquor for

consumption on the premises. 6) Vacant land acquired and owned by the state or a political subdivision for one of the

purposes identified in (1) to (5) of this Subsection.

e. The exterior building wall of an Adult Use shall not be located within five hundred (500) feet of an existing residential district boundary line. A residential district for the purposes of this Section shall include the following zoning districts: AG, SR-43, SR-35, R1-43, R1-35, R1-18, R1-12, R1-10, R1-8, R1-7, R1-6, RM-1, RMH-1, RMH-2, or residentially designated property within a P.A.D., P.U.D. or P.C. zoning district.

f. An Adult Use shall not be located within one thousand (1,000) feet of any other Adult Use, measured from exterior building wall to exterior building wall.

g. An Adult Use lawfully operating is not rendered in violation of these provisions by the subsequent location of a preschool, kindergarten, elementary, or secondary school, public library, service club, neighborhood or community public park publicly owned and operated swimming or aquatics facility; community residential facility or release facility. An Adult Use lawfully operating is not rendered in violation of these provisions by the subsequent rezoning of land to a residential zoning district.

h. For the purposes of calculating the locational requirements in this Section, the distance shall be measured from the exterior surface of the walls of the buildings or portions thereof in which the businesses are conducted or proposed to be conducted to a point which is the required distance apart, in a straight line, not taking into account any buildings, natural or artificial obstructions or structures including the rights-of-way of any public or private roadway or easements.

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i. For the purposes of calculating the locational requirements in this Section, the distance measured shall include those areas of unincorporated Maricopa County that are entirely surrounded by the City of Peoria or the City of Peoria and some other incorporated City. The locational requirements in this Section shall also apply to the itemized list of sensitive uses regardless of whether their distance from a proposed Adult Use places them within a county island of unincorporated Maricopa County, unincorporated Maricopa County or an adjacent incorporated City.

j. Prior to the granting of a Special Conditional Use permit for any Adult Use, the Planning and Zoning Commission may impose only those conditions or limitation upon the establishment, location, construction, maintenance or operation of the Adult Use specifically authorized under Section 21-321 and this Section.

k. No person may resubmit an application for an Adult Use which City has been denied in whole or in part for a period of one (1) year from the date of the denial.

l. An applicant may appeal a denial of a Special Conditional Use permit by the City Council in accordance with A.R.S. §12-7.6.

2. Health and Exercise Center shall be subject to the following conditions: *11

a. The total building floor area shall not exceed 5,000 square feet in the O-1, C-1, PC-1, and PC-2 Districts.

b. Hours of operation in the O-1, C-1, PC-1, and PC-2 shall be limited to 5:00 a.m. to 7:00 p.m. *13

3. Recreation, Social Clubs and similar establishments shall have vehicular access to the site only from arterial or collector streets.

4. Wedding Reception Centers shall be subject to both of the following additional requirements:

a. Maximum building height shall be thirty (30) feet or two (2) stories, whichever is greater.

b. Outdoor events between the hours of 10:00 p.m. and 7:00 a.m. shall require a temporary use permit.

D. General Industrial & Manufacturing

1. Mini-storage warehouses, RV, Boat, and Trailer Storage, indoor and/or screened, shall be subject to the following additional requirements:

a. For the purposes of this Section, an outdoor RV, Boat and Trailer Storage use shall be visibly screened from a public street by an architecturally integrated wall or structure consisting of a minimum height of ten (10) feet, or as otherwise approved by the Planning and Zoning Commission. Additional screening from elevated roadways may be required, such as canopies, berming, or other design solutions.

b. Doors of the storage areas shall not front on any public street.

c. Only storage shall be permitted. No sale of goods, materials or other tangible or intangible property from the facility or any part thereof shall be permitted. No activities conducted on the premises, whether related to the stored items or otherwise. The sale of insurance by the operator on goods stored therein or the sale by the operator of items used in connection with the storage of goods at the site shall not be prohibited.

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d. No hazardous or flammable materials, as defined in the Peoria City Building Code, shall be stored in such facility.

e. The City may exempt any structure from side and rear yard setbacks, except in circumstances where the site devoted to such use abuts a residential use or residentially-zoned vacant property. In such cases, the setback for the site boundary abutting the residential district shall be no less than thirty (30) feet.

f. All direct vehicular access shall be from an abutting arterial street.

g. The locations of the driveways, wall, landscaping, and buildings shall be so arranged as to minimize traffic disruptions.

h. A wall with a minimum height of six (6) feet and a landscaping buffer in accordance with Section 21-818.A.3, or as approved by the Planning and Zoning Commission, shall be constructed along the site boundary devoted to such use where abutting a residential use or residentially-zoned vacant property.

i. All vehicle storage shall be limited to hard surfaced areas.

j. Lighting shall be directed toward the site and shall not cause undesirable glare to nearby residential properties.

2. Recycling Collection Facility and similar establishments shall not be engaged in any processing or compounding to reform materials into a useable state. The Planning and Zoning Commission may require screening, landscaping, and the restriction of use/materials to enclosed structures.

3. Research Laboratories whose principal function is basic research, design and pilot or experimental product development shall have all activities conducted within a completely enclosed building.

4. Moving Truck, Trailer, and Equipment Rental shall be subject to the following additional requirements:

a. In the C-2 and PC-2 Zoning Districts, Moving Truck, Trailer, and Equipment Rental shall be allowed as an Accessory Use to Mini-Storage Warehouses-, RV, Boat, and Trailer Storage indoor, and/or screened only, Hardware and Home Improvement Store, and Hardware and Home Improvement Store with outdoor storage and/or garden center.

1) No more than six (6) vehicles shall be stored on site in association with the Moving Truck, Trailer, and Equipment Use.

2) Outdoor storage of vehicles and equipment associated with the Moving Truck, Trailer, and Equipment rental shall be fully screened from public view or located a minimum of 200 feet from the right of way.

3) Outdoor storage of vehicles and equipment associated with the Moving Truck, Trailer, and Equipment rental shall not occupy required parking spaces or access lanes.

4) Moving trucks, trailers, and equipment shall be stored in a designated area of the site. For multi-tenant sites, or sites with multiple uses, the designated area shall be proximate to the associated principal use.

5) No fueling shall occur on-site in conjunction with this use.

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6) Moving trucks and trailers which require a Commercial Drivers License for their operation shall be prohibited.

7) A Site Plan application (or Site Plan Amendment application for sites with a previously approved Site Plan) shall be required.

E. General Retail *11, *23

1. Donation Centers shall be subject to the following conditions:

a. Donation drop off shall be limited to business hours only.

b. Drop off location shall be at the rear of the building and shall be fully screened from view.

c. No drop off items shall be stored outside the screened area.

2. Pet Shops, including commonly associated accessory uses such as grooming, veterinary care, training, pet day camp services and the boarding of household pets, shall be subject to the following conditions: *19

a. Veterinarian and grooming services shall be restricted to the care and treatment of small animals during regular business hours.

b. The commercial breeding of animals shall be prohibited. *19

c. All activities shall be completely contained within enclosed buildings; the building shall be designed and constructed to achieve a Sound Transmission Control Value of 50 or greater.

d. All refuse shall be stored within a completely enclosed building.

e. Outdoor runs or exercise pens shall be prohibited.

f. Overnight boarding services for household pets may be operated as an accessory use, provided no more than twenty-five percent (25%) of the total square footage of the establishment may be used as sleeping quarters for the boarded pets; and the area shall be constructed, maintained or operated so that the smell of the boarded animals does not create a nuisance off-site. *19

3. Indoor retail sales of new and used merchandise excluding sale of automobiles, boats, RVs, and motorcycles as an Accessory Use within the BPI Zoning District shall be no greater than 20% of the overall gross floor area (G.F.A.) of the establishment and shall not exceed 1,000 square feet in area.

4. Permissible consumer Fireworks Sales shall be subject to the following conditions: *23

a. Signage shall be displayed at the point-of-sale in accordance with Peoria City Code Section 9-421-50

b. Sales may only occur in buildings classified with a mercantile building occupancy code.

F. Institutional Uses

1. Day Care Centers or Pre-school Centers shall be permitted in accordance with State Department of Health Care Services regulations. *1

2. Group Care Facility or Community Residential Setting Facility in accordance with Section 21-812.C. *10

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3. Non-profit Social Services shall be permitted provided that their primary activities are administrative and clerical rather than residential in nature.

4. Nursing or Convalescent Home, Long Term Care Facility and Hospices shall have all vehicular access from an abutting arterial or non-residential collector street. The site shall contain a net land area of at least one thousand (1,000) square feet per dwelling unit. *3

5. Public utility buildings, water pumping plants and storage tanks and electric substations wherein service to district residents requires location within the district shall have no repair or storage facilities.

6. Religious institutions, similar places of worship and related facilities shall have vehicular access reviewed and approved by the City Engineer.

7. Public/charter schools, private schools, colleges, universities or instructional, business, technical or vocational schools shall have direct vehicular access to an arterial or collector street. *5

G. Large-Scale Retail (LSR) *14

Large-scale retail must adhere to all requirements of this Section in addition to all other applicable requirements of this Ordinance. In the event of conflicting requirements, the more restrictive shall govern.

1. Definitions

a. Large-Scale Retail (LSR) means the following:

1) Single Establishment. Any retail establishment accommodating one-hundred thousand (100,000) square feet (G.F.A.) or more for either a single tenant or for multiple tenants sharing a common building entrance and common interior space; and/or

2) Site. A site containing multiple retail establishments with more than five-hundred thousand (500,000) square feet (G.F.A.) of interior space in the aggregate.

b. Site means that area as shown on the site plan for which the Conditional Use Permit is issued, inclusive of all amendments.

c. Vacancy means ceasing of the type and/or level of use as established in the Conditional Use Permit. Said vacancy shall apply to the principal LSR establishment, and/or any portion thereof, and/or accessory facilities or operations.

2. Applicability of Provisions

a. Provisions of this ordinance shall apply to 1) any single LSR establishment, as defined above, and 2) the entire site on which any LSR meeting the criteria set forth above for “Single Establishment” LSR or “Site” in the LSR definition.

b. Except as provided above, in Subsection 2.a., provisions herein do not apply to the following buildings, so long as said buildings are not accessory to a Single Establishment LSR, as defined above: individual pad buildings, shop buildings, or similar commercial establishments.

3. Location. Large-Scale Retail development is permitted only with a Conditional Use Permit in only those areas with a Land Use designation of Community Commercial (CC) or Regional Commercial (RC) in the General Plan.

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4. Vacancy. During any period of vacancy, the property owner must maintain the property in a safe, sanitary, and aesthetically pleasing condition.

a. All landscaping must be maintained professionally.

b. The site must remain externally lit in the same manner as when the facility was fully operational, to maintain the premises in a safe condition and to avoid the appearance of neglect.

c. All architectural elements, including but not limited to building exteriors, roofs, signs, walkways, accessory structures, monuments, etc., must be maintained in good repair and functional condition as when the facility was fully operational.

d. Within thirty (30) days of vacating a facility, all signage for said facility must be removed from the building(s) and premises. Any walls or areas behind signs must be repainted; or, in the case of internally lit monument signs, a blank panel must be used as a temporary sign replacement.

H. Intense Retail

1. Commercial Service Establishment combining retail, office, showroom with workshop, such as interior decorator, custom dressmaking or tailor, photographer, minor household appliance repair and similar activities shall be subject to the following conditions: *11

a. Maximum size of building shall not exceed 15,000 thousand square feet. No more than fifty percent (50%) of the usable floor area shall be used for workshop activities.

2. Outdoor Display and Sales Area shall be subject to all the following requirements: *20

a. No merchandise shall be located beyond eight (8) feet from the principal building of the business.

b. A four (4) foot unobstructed walkway containing at least seven (7) feet of vertical clearance shall be maintained at all times.

c. Outdoor Display shall not be located in or interfere with any landscaped area, setback area, required yard, required parking space, parking aisle, easement or drainage facility.

d. Outdoor Display shall be limited to products and services sold or provided inside the principal building.

e. Outdoor Display shall be limited to an area equal to 10% of the gross floor area of the principal building.

f. The setback of an outdoor display area from any residentially-zoned property shall be twenty five (25) feet. Such setback shall include a six (6) feet block wall at the property line separating the commercial and residential use districts.

g. All merchandise and equipment used in an outdoor display shall be removed and stored inside the principal building at the close of business.

h. Outdoor Display in the Old Town Mixed Use Districts (OTMU) shall be subject to the following additional conditions: *20

1) Outdoor Display may be conducted on a public sidewalk where the principal building of the use is located immediately adjacent to the public sidewalk, subject to the liability and insurance requirements of the City Engineer.

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2) Evidence of insurance shall be submitted and approved by the City Engineer prior to placement of any merchandise or materials in the public right-of-way.

3) No merchandise shall be located beyond three (3) feet from the principal building of the business.

i. Swimming Pool and Spa Sales with outdoor swimming pool display shall be subject to the following conditions: *11

1) All outdoor swimming pool and spa models shall be displayed on a horizontal position. 2) No models displayed outdoor shall be located in the required setback or landscaped

areas. 3) All sales services shall be conducted in the principal building. 4) Outdoor storage and display of equipment and pool supplies are prohibited.

3. Retail Sales of Lumber and Building Materials shall have no outdoor storage, repair, processing or manufacturing activities.

I. Lodging

1. Bed and Breakfast Inns shall be subject to all the following additional requirements: *6

a. Maximum building height shall be thirty (30) feet or two (2) stories, whichever is greater.

b. Paved areas shall be reduced to the smallest area commensurate with efficient operation and function of the site. All unpaved areas shall be maintained in lawns or landscaping.

c. Short-term lodging for the purposes of a Bed and Breakfast Inn shall be for a period not exceeding fourteen (14) consecutive days.

d. Meals shall be restricted to registered guests.

2. Hotels and Motels shall be subject to all of the following additional requirements:

a. All direct vehicular access shall be from an abutting arterial or collector street.

b. Paved areas shall be reduced to the smallest area commensurate with the efficient operation and function of the site.

J. Medical

1. Emergency Medical Care Facilities shall have all direct vehicular access from an abutting arterial street. The site shall contain a net land area totaling at least four (4) acres for the first one hundred beds or less, plus one additional acre for each additional twenty-five beds. *3

2. Veterinary Hospitals shall have no outdoor runs, pens or enclosures. Veterinary Hospitals shall not be located closer than one hundred (100) feet to any street, residential district or existing restaurant, hotel or motel.

3. Veterinary Offices and Clinics (excluding animal boarding) shall be subject to all of the following additional requirements:

a. Clinic activities shall be restricted to the medical care and treatment of small animals during regular office hours. The confinement of such animals on the premises shall be limited to essential and occasional overnight care.

b. The boarding and breeding of animals shall be prohibited.

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c. Clinic activities shall be completely contained within enclosed buildings; the building or suite containing the clinic shall be designed and constructed to achieve a Sound Transmission Control Value of 50 or greater. *16

d. All refuse shall be stored within a completely enclosed building.

e. Outdoor runs or exercise pens shall be prohibited.

K. Personal Services *16 *28

1. Body Piercing Studios, Tattoo Studios, Retail Liquor Stores, Plasma Center, Non Chartered Financial Institutions, and Pawnshops shall be subject to all of the following additional requirements: *7

a. All vehicular access shall be from arterial streets.

b. The uses shall not be located on a lot with a property line within one thousand (1,000) feet measured in a straight line in any direction of the lot line of a Body Piercing Studio, Non Chartered Financial Institution, Pawnshop, Retail Liquor Store, Plasma Center and Tattoo Studio, Adult Use, Correctional Facility or State Local Alcohol Reception Center.

c. For purposes of calculating the locational requirements of this Subsection, the distance shall include those areas of Maricopa County surrounded by the City of Peoria and some other city on three or more sides. The locational requirements shall also apply to the uses regardless of whether their distance from such other use includes area within Maricopa County or some other incorporated city and regardless of whether the other use is located in Maricopa County of some other incorporated city.

2. Pet Grooming Shop *16

a. The building or suite containing the pet grooming shop shall be designed and constructed to achieve a Sound Transmission Control Value of 50 or greater.

3. Boarding and Training Kennels

In the C-2 Zoning District, the following limitations shall apply:

a. Boarding shall be limited to household pets.

b. The commercial breeding of animals shall be prohibited.

c. The hours of operation for outdoor areas shall be limited to between the hours of 6:00 a.m. and 7:00 p.m.

d. All indoor facilities shall be completely enclosed and buildings shall be designed and constructed to achieve a Sound Transmission Control Value of 50 or greater.

e. All refuse shall be stored within an airtight container, or within a completely enclosed building.

f. Facilities shall be constructed, maintained, and operated so that the smell of boarded animals does not create a nuisance off-site.

g. A Boarding Facility Management Plan shall be provided with the Conditional Use Permit Application indicating the specific operational plans for the facility, including management of noise and odor on the site.

4. Massage Establishment *28

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Section 500 Pg 21

a. Hours of operation shall be limited to 8:00 a.m. to 10:00 p.m.

L. Transportation

1. School bus parking and maintenance facilities shall provide primary access from an arterial or collector street. Parking areas for school buses shall be screened from adjacent streets or property lines by an eight-foot high solid wall. *11

M. Medical Marijuana Dispensaries and Manufacturing or Cultivation Facilities *24

1. General Requirements

a. For the purposes of measuring separation distances, the measurements will be taken in a straight line from the exterior wall of the building or suite housing the use without regard to intervening buildings or political boundaries.

b. Medical Marijuana remnants or by-products shall be disposed of according to an approved plan and not placed within the facility’s exterior refuse containers.

c. There shall be no emission of dust, fumes, vapors or odors into the environment from the premise.

d. Signage for Dispensary and/or Medical Marijuana Cultivation facilities shall be limited to the name of the business only, and no advertising of the goods and/or services shall be permitted.

e. Medical Marijuana Dispensaries and Cultivation Facilities shall be located in a permanent building on an established foundation adhering to Peoria building codes and shall not include any temporary, portable, or self-powered mobile facilities.

f. An active Security Management Plan shall be approved by the Police Department. The Plan shall include, but is not limited to, the following:

1) Security cameras shall be installed and maintained in good condition, and used in an on-going manner. Recordings shall be retained for a minimum of 60 days and comply with any additional standards defined by the Security Management Plan.

2) The business space shall be alarmed with an alarm system that is operated and maintained by a recognized security company.

3) A security guard shall be provided at the main entrance during all hours of operation. For the purposes of this Section, “security guard” shall mean licensed and duly bonded security personnel registered pursuant to A.R.S. §32-601.

2. Medical Marijuana Dispensaries

a. Vehicular access into the center or site containing the dispensary shall be from an arterial roadway.

b. The use shall not be located within 2,640-feet of another Medical Marijuana Dispensary or Medical Marijuana Manufacturing or Cultivation Facility.

c. The use shall not be located within 1,000-feet of the property line of Day-Care Facilities, Pre-Schools, Public/Charter or Private Schools.

d. The use shall not be located within 1,000-feet of a Retail Liquor Store; Tavern, Bar or Lounge; Adult Use; Substance Abuse Treatment Centers; or State Local Alcohol Reception Center.

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e. The use shall not be located within 500-feet of the property line of a residentially-zoned property.

f. The product offered for retail sales to Medical Marijuana Cardholders shall be inaccessible to the public entering the Medical Marijuana Dispensary. All product provided for retail sales shall be located behind a counter staffed by a Nonprofit Medical Marijuana Dispensary Agent as defined by A.R.S. §36-2801.et.seq.

g. The Dispensary shall have operating hours not earlier than 8:00 a.m. and not later than 9:00 p.m.

h. The Cultivation of Marijuana is prohibited.

i. Delivery services are prohibited.

j. Drive-through services and sales are prohibited.

k. Alcoholic beverages shall not be sold, stored, distributed or consumed on the premises.

l. The Dispensary shall not have outdoor seating areas, but shall have adequate indoor seating to prevent outside loitering.

m. The business entrance and all window areas shall be illuminated during evening hours and shall comply with the City’s lighting standards regarding fixture type, wattage, illumination levels, shielding etc.

n. The windows and/or entrances shall not be obstructed and must maintain a clear view into the premises during business hours.

o. The use shall provide a plan to ensure that no consumption of Marijuana or any product containing Marijuana occurs on the premises of a Medical Marijuana Dispensary.

p. Tenant improvement plan shall ensure that ventilation, air filtration, building and design standards are compatible with adjacent uses and the requirements of adopted building codes.

3. Medical Marijuana Manufacturing or Cultivation Facility.

a. Other than for delivery to an authorized Medical Marijuana Dispensary, distributing, transmitting, dispensing, giving, selling, or providing medical Marijuana is prohibited.

b. All cultivation, manufacturing, and storage of Marijuana and Marijuana plants shall occur within secured, enclosed buildings and structures.

c. The use shall not be located within 2,640-feet of another Medical Marijuana Manufacturing or Cultivation Facility.

d. The use shall not be located within 1,000-feet of the property line of Day-Care Facilities, Pre-Schools, Public/Charter or Private Schools.

e. The use shall not be located within 500-feet of the property line of a residentially-zoned property.

f. There shall be no signage advertising the location of Medical Marijuana Dispensaries or retail sales of Medical Marijuana on the premises.

g. The Community Development Director may require additional ventilation and air filtration necessary to ensure compatibility with adjacent uses.

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Section 500 Pg 23

21-506 Property Development Standards

A. The following property development standards shall apply in zoning districts O-1, C-1, PC- 1, PC-2, C-2, C-3, C-4 and C-5:

Property Development Standards O-1 C-1 PC-1 PC-2 C-2 C-3 C-4 C-5 Minimum Lot/site Area (acreage) N/R N/R 3 20 N/R N/R N/R 10 Minimum Lot Width (FT) 50 N/R N/R N/R N/R N/R N/R N/R Minimum Lot / Site Depth (FT) N/R 120 250 660 N/R N/R N/R 660 Minimum Frontage on One Arterial (FT) N/R N/R 450 660 N/R N/R N/R 660 Maximum Lot Coverage (percentage) N/R N/R 30% N/R N/R 100% N/R N/R Maximum Building Height (FT) 30 30 30 60 48 a 48 48 a 60 Front Setback (FT) 15 15 60 120 15 N/R 15 40 Corner Setback (FT) 15 15 60 120 15 N/R 15 40 Rear Setback (FT) 20 20 20 60 20 N/R 20 30 Interior Rear/Side Setback (FT ) N/R N/R 60 60 N/R N/R N/R N/R Setback from Residential Zones (FT) *17 30 30 30 120 30 N/R 30 120 Accessory Building Height and Setbacks (FT) *8 ● ● ● ● ● ● ● ●

N/R No minimum requirements a Building Height: Maximum thirty 30 feet high within thirty 30 feet of any residential

district. The height may be increased by one 1 foot per each three 3 feet of additional setback to a maximum of forty-eight 48 feet. *17

● All regulations and development standards applicable to the principal building shall apply, except for covered parking canopies which shall comply with the standards established in Section 21-825 of the Zoning Ordinance. *12

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B. The following property development standards shall apply in zoning districts BPI, Pl-1, l-1, and l-2:

Property Development Standards BPI PI-1 I-1 I-2 Minimum Size of Lot by Use

Area (acreage) N/R N/R N/R N/R Width (FT) 80 80 80 80

Minimum Setbacks for Principal Buildings Front Setback (FT) 30 40 20 60 Least Side (FT) 20 0 0 0 Total Sides (FT) 40 20 20 30 Interior Setback (FT) *13 N/R N/R N/R N/R Rear Setback (FT) 25 25 25 40 Corner Side (FT) 20 20 20 30 Setback from Residential Zoning Districts (FT) a 30 50 50 50

Maximum Lot Coverage Percentage - by all Buildings N/R 40% N/R N/R

Maximum Building Height Principal Building Height (FT) 48 b 48 b 48 b 60 b Accessory Building Height and Setbacks (FT) *8 ● ● ● ●

N/R No minimum requirements. a The setback shall be applied to sides which abut or are adjacent to a residential zoning

district, as established in Section 21-415.A. or as designated residential on a PAD or PCD. Where a side is adjacent to a residential zoning district, said setback shall be applied when the abutting right-of-way is a collector or lower classification as identified on the Peoria General Plan and Street Classification Map.

b Building Height: Where a setback from residential zoning district applies, the building shall be limited to a maximum height of thirty 30 feet at the setback line. The building height may be increased by one (1) foot per each three 3 feet of additional setback to the maximum height as prescribed by the applicable district.

● All regulations and development standards applicable to the principal building shall apply, except for covered parking canopies which shall comply with the standards established in Section 21-825 of the Zoning Ordinance. *12

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Section 500 Pg 25

References Adopted by Ord. No.: 2018-35 Previous Ordinances: *1 83-16 *2 94-27 *3 97-41 *4 98-34 *5 99-89 *6 99-101 *7 00-28 *8 02-21 *9 02-68 *10 02-85 *11 03-171 *12 04-23 *13 04-188 *14 05-16 *15 05-36 *16 05-51 *17 05-58A *18 06-07 *19 06-16 *20 07-22 *21 07-36 *22 2010-23 *23 2011-03 *24 2011-05A *25 2015-08 *26 2015-12 *27 2015-21 *28 2016-01 *29 2018-35